Carlisle Gas & Water Co. v. Carlisle Borough

Citations

• 218 Pa. 554
• 67 A. 844
• 1907 Pa. LEXIS 569

Syllabus

<p>Municipalities — Borough—Supply of water and gas — Right to alienate property.</p> <p>A borough, or other municipal corporation has the incidental or implied right to alienate or dispose of its property real or personal, of a private nature, held for the emolument and advantage of the municipality, unless restricted by charter or statute.</p> <p>A borough which has undertaken to supply water to its inhabitants acts in a private, and not a public capacity.</p> <p>A borough which has purchased the stock of a corporation organized to supply the inhabitants of the borough with gas and water, may sell such stock, unless prohibited from doing so by charter, or by statute. A provision in the ordinance authorizing the purchase of the stock to the effect that so long as the borough held one-third of the stock, it was to have the right to appoint three managers of the company, in no way operates to prevent an alienation of the stock. Even if it should be held that the borough’s relation with the company was one of partnership, still it would have the right of a partner to dispose of its interest, subject to the rights, liabilities and equities of the partnership.</p>